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Journal of the Senate________________

FRIDAY, MARCH 20, 2009

The Senate was called to order by the President pro tempore.

Devotional Exercises

Devotional exercises were conducted by the Reverend Mark Pitton ofMontpelier.

Message from the House No. 34

A message was received from the House of Representatives by Ms. H.Gwynn Zakov, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate that:

The House has considered joint resolution originating in the Senate of thefollowing title:

J.R.S. 23. Joint resolution relating to weekend adjournment.

And has passed the same in concurrence.



Mr. President:


The House has passed House bills of the following titles:

H. 16. An act relating to deer doing damage to forest resources.

H. 131. An act relating to the codification of and approval of anamendment to the charter of Cold Brook Fire District No. 1.

H. 160. An act relating to approval of the charter of the Town of Hartford.

H. 204. An act relating to payment of diversion program fees.

In the passage of which the concurrence of the Senate is requested.

311 FRIDAY, MARCH 20, 2009

The House has considered Senate proposals of amendment to House bill ofthe following title:

H. 232. An act relating to fiscal year 2009 budget adjustment.

And has refused to concur therein and asks for a Committee of Conferenceupon the disagreeing votes of the two Houses;

And the Speaker appointed as members of such Committee on the part ofthe House:

Rep. Heath of WestfordRep. Helm of CastletonRep. Larson of Burlington

The House has adopted joint resolution of the following title:

J.R.H. 13. Joint resolution urging Congress to support the InternationalViolence Against Women Act.

In the adoption of which the concurrence of the Senate is requested.

Bill Referred to Committee on Finance

S. 28.

Senate bill of the following title, appearing on the Calendar for notice, andaffecting the revenue of the state, under the rule was referred to the Committeeon Finance:

An act relating to the regulation of landscape architects.

Bills Introduced

Senate bills of the following titles were severally introduced, read the firsttime and referred:

S. 119.

By Senators Lyons, MacDonald, Miller and Shumlin,

An act relating to renewable energy, energy efficiency, decommissioning,and rural economic development.

To the Committee on Natural Resources and Energy.

S. 120.

By Senators Carris, Ayer, Hartwell, Maynard, McCormack and Mullin,

An act relating to health care applications at points of service.

To the Committee on Health and Welfare.

Committee Bill Introduced

JOURNAL OF THE SENATE 312

Senate committee bill of the following title was introduced, read the firsttime, and, under the rule, placed on the Calendar for notice the next legislativeday:

S. 121.

By the Committee on Government Operations,

An act relating to miscellaneous election laws.

Bills Introduced

Senate bills of the following titles were severally introduced, read the firsttime and referred:

S. 122.

By Senators Ayer and Brock,

An act relating to recounts in elections for statewide offices.

To the Committee on Government Operations.

S. 123.

By Senator Carris,

An act relating to regulation of hospitals and health care facilities.


Bills Referred

House bills of the following titles were severally read the first time andreferred:

H. 16.

An act relating to deer doing damage to forest resources.


H. 26.

An act relating to plans for treatment of unmarked burial sites.

To the Committee on Economic Development, Housing and GeneralAffairs.


H. 62.

An act relating to an exemption from municipal dog-control ordinances forworking farm dogs.

To the Committee on Agriculture.

H. 91.

An act relating to technical corrections to the juvenile judicial proceedingsact of 2008.

To the Committee on Judiciary.

H. 109.

An act relating to the Uniform Limited Cooperative Association Act.

To the Committee on Agriculture.

H. 131.

An act relating to the codification of and approval of an amendment to thecharter of Cold Brook Fire District No. 1.


H. 160.

An act relating to approval of the charter of the Town of Hartford.


H. 204.

An act relating to payment of diversion program fees.

To the Committee on Judiciary.

Joint Resolution Placed on Calendar

J.R.H. 13

Joint resolution originating in the House of the following title was read thefirst time and is as follows:

Joint resolution urging Congress to support the International ViolenceAgainst Women Act.

Offered by: Representatives Ram of Burlington, Ancel of Calais, Baker ofWest Rutland, Clarkson of Woodstock, Conquest of Newbury, Corcoran ofBennington, Courcelle of Rutland City, Evans of Essex, Fisher of Lincoln,French of Shrewsbury, French of Randolph, Geier of South Burlington, Heathof Westford, Hooper of Montpelier, Howard of Rutland City, Jewett of Ripton,Johnson of Canaan, Klein of East Montpelier, Lanpher of Vergennes, Lorber


of Burlington, Malcolm of Pawlet, Marek of Newfane, Martin of Springfield,Martin of Wolcott, Miller of Shaftsbury, Minter of Waterbury, Mitchell ofBarnard, Mook of Bennington, Nuovo of Middlebury, Orr of Charlotte,Partridge of Windham, Peltz of Woodbury, Pugh of South Burlington, Smithof Mendon, South of St. Johnsbury, Stevens of Waterbury, Sweaney ofWindsor, Toll of Danville, Townsend of Randolph, Waite-Simpson of Essex,Webb of Shelburne, Wizowaty of Burlington and Zenie of Colchester

Whereas, since 1996, the eastern region of the Democratic Republic of theCongo has been the epicenter of the deadliest war since World War II, leadingto the deaths of nearly six million people, and

Whereas, combatants on all sides routinely use rape and sexual violence asa weapon to destroy women, families, and communities, and over 200,000women have been raped in the course of combat, and

Whereas, Vermont is home to 175 new families from the DemocraticRepublic of the Congo, many of them from areas that remain embattled inconflict, and

Whereas, rape is unfortunately a not-uncommon event here in Vermont, andCongolese women share the grief Vermont women experience, but rape in awar situation forces additional levels of trauma upon women, including beinggang raped, enduring the violence in a family situation with their children andhusbands serving as forced onlookers, and the lack of any medical care, and

Whereas, however, the international community has failed to sanction thelooting of the Democratic Republic of the Congo’s spectacular wealth, andconsequently, poverty in this nation is extremely high, and 80 percent of thepopulation lives on 30 cents or less per day, and

Whereas, the International Violence Against Women Act that VicePresident Biden introduced while in the U.S. Senate, and that RepresentativeHoward Berman of California introduced in the U.S. House of Representatives,will be reintroduced in Congress during the coming weeks, and it wouldestablish in the Department of State an Advisory Commission on InternationalViolence Against Women, and

Whereas, the bill would among other directives provide that foreignassistance programs, as well as U.S. training of foreign military and policeforces, include measures designed to prevent violence against women, and

Whereas, assistance to reduce violence against women would be beneficialfor many countries but it is desperately needed in the Democratic Republic ofthe Congo, and


Whereas, enactment of the International Violence Against Women Actwould provide both political support and tangible assistance to the strugglingwomen of the Democratic Republic of the Congo, and

Whereas, U.S. Senator Leahy has also included funding in appropriationslegislation to assist women and girls who are victims of sexual violence in theDemocratic Republic of the Congo, and to train and support prosecutors andjudges who handle these cases, and

Whereas, Congokazi Vermont is an organization of women in Vermont whocame from the Democratic Republic of the Congo, and who are fighting to endsexual violence being perpetrated against women and children in their nativecountry, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly urges Congress to support the InternationalViolence Against Women Act and to include the Democratic Republic of theCongo among those nations specifically targeted to be assisted in the effort tostop this egregious violence, and be it further

Resolved: That the secretary of state be directed to send a copy of thisresolution to the Vermont Congressional Delegation and Congokazi Vermont.

Thereupon, in the discretion of the President pro tempore, under Rule 51,the joint resolution was placed on the Calendar for action the next legislativeday.

Message from the GovernorAppointments Referred

A message was received from the Governor, by Heidi M. Tringe, Secretaryof Civil and Military Affairs, submitting the following appointments, whichwere referred to committees as indicated:

Thomas, Brian of Shrewsbury - Member of the Plumbers’ ExaminingBoard, - from March 2, 2009, to February 28, 2012.

To the Committee on Economic Development, Housing and GeneralAffairs.

Champine, Celine F. of Newport Center - Member of the Community HighSchool of Vermont Board, - from March 2, 2009, to February 28, 2012.

To the Committee on Education.


Milne, Linda R. of Montpelier - Member of the Vermont State CollegesBoard of Trustees, - from March 2, 2009, to February 28, 2015.


Moore, Gary W. of Bradford - Member of the Connecticut River ValleyFlood Control Commission, - from March 2, 2009, to February 28, 2015.


Fairbrother, Michelle of Rutland - Member of the Vermont State CollegesBoard of Trustees, - from March 2, 2009, to February 28, 2015.


Hall, John of West Danville - Member of the State Board of Education, -from March 1, 2009, to February 28, 2015.


Collins, Donald of Swanton - Member of the State Board of Education, -from March 1, 2009, to February 28, 2015.


Livingston, Judith of Manchester - Member of the State Board ofEducation, - from March 1, 2009, to February 28, 2015.


Young, Mark of Orwell - Member of the University of Vermont Board ofTrustees, - from March 1, 2009, to February 28, 2015.


Clark, Sue Y. of Vergennes - Member of the Children and Family Councilfor Prevention Programs, - from March 2, 2009, to February 29, 2012.


Coulman, Stephen P. of Waltham - Member of the Children and FamilyCouncil for Prevention Programs, - from March 2, 2009, to February 29, 2012.


Grant, Crystal of Bristol - Member of the Children and Family Council forPrevention Programs, - from March 2, 2009, to February 29, 2012.



Pinkham, Kreig of Northfield - Member of the Children and Family Councilfor Prevention Programs, - from March 2, 2009, to February 29, 2012.


Poehlmann, Jennifer of Richmond - Member of the Children and FamilyCouncil for Prevention Programs, - from March 2, 2009, to February 29, 2012.


Schatz, Kenneth of South Burlington - Member of the Children and FamilyCouncil for Prevention Programs, - from March 2, 2009, to February 29, 2012.


Smith, Daniel P. of Burlington - Member of the Children and FamilyCouncil for Prevention Programs, - from March 2, 2009, to February 29, 2012.


Bressor, Julie P. of Montpelier - Member of the Capitol ComplexCommission, - from March 2, 2009, to February 28, 2012.

To the Committee on Institutions.

Billings, Jireh of Bridgewater - Member of the Capitol ComplexCommission, - from March 2, 2009, to February 28, 2012.

To the Committee on Institutions.

Kelley, Robert of Derby Line - Member of the Current use Advisory Board,- from February 2, 2009, to January 31, 2012.


Moore, Gary of Bradford - Member of the Vermont State Colleges Board ofTrustees, - from March 2, 2009, to February 28, 2015.


Kenneth Linsley of Danville - Member of the Vermont Educational andHealth Buildings Financing Agency, - from February 24, 2009, to January 31,2014.

To the Committee on Finance.

Election of Senate Members to Judicial Nominating Board

The President announced that the next order of business was the election ofthree members of the Senate to serve on the Judicial Nominating Boardpursuant to 4 V.S.A. §601.

Senator Shumlin, on behalf of the Committee on Committees, placed innomination the names of the following Senators to serve on the Board:


SARA BRANON KITTELL

of Franklin District, as the majority party member of the Board.

PHILIP B. SCOTT

of Washington District, as the minority party member of the Board.

JOHN F. CAMPBELL

of Windsor District, as the third member of the Board.

There being no further nominations, on motion of Senator Mazza, thenominations were closed, and the Secretary was instructed to cast one ballotfor

SARA BRANON KITTELL

of Franklin District, as the majority party member of the Board, for a term oftwo years or until her successor is elected and has qualified.

PHILIP B. SCOTT

of Washington District, as the minority party member of the Board, for a termof two years or until his successor is elected and has qualified.

JOHN F. CAMPBELL

of Windsor District, as the third member of the Board, for a term of two yearsor until his successor is elected and has qualified.

Third Reading Ordered

S. 85.

Senator Nitka, for the Committee on Judiciary, to which was referredSenate bill entitled:

An act relating to the patient's privilege .

Reported that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant toRule 43, and third reading of the bill was ordered.


Bill Amended; Bill Passed

S. 7.

Senate bill entitled:

An act to prohibit the use of lighted tobacco products in the workplace.

Was taken up.

Thereupon, pending third reading of the bill, Senators Mullin and Searsmoved to amend the bill in Sec. 1, by striking out 18 V.S.A. §1421 in itsentirety and inserting in lieu thereof the following:

§ 1421. DEFINITIONS SMOKING IN THE WORKPLACE; PROHIBITION

As used in this subchapter:

(1) "Smoking area" means an area that nonsmoking employees are notrequired to visit on a regular basis where smoking is permitted pursuant to apolicy established under this subchapter. Up to 30 percent of employeecafeteria and lounge areas may be designated as a smoking area.

(2) "Workplace" The use of lighted tobacco products is prohibited inany “workplace,” which, for the purposes of this subchapter, means anenclosed structure where employees perform services for an employer or, inthe case of an employer who assigns employees to departments, divisions, orsimilar organizational units, the enclosed portion of a structure where the unitto which the employee is assigned is located. Workplace does not include aresidential facility for elders or disabled persons that is regulated by C.M.S.,centers for Medicaid and Medicare services. Except for schools, workplacedoes not include areas commonly open to the public nor any portion of astructure which that also serves as the employee's or employer's personalresidence. For schools, workplace shall include includes any enclosed locationat which where instruction or other school-sponsored functions are occurringand students are present.

Which was agreed to.

Thereupon, the bill was read the third time and passed.

Bill Amended; Third Reading Ordered

S. 3.

Senator Mullin, for the Committee on Judiciary, to which was referredSenate bill entitled:

An act relating to prohibiting retaliation for legislative testimony.


Reported recommending that the bill be amended by striking out all afterthe enacting clause and inserting in lieu thereof the following:

Sec. 1. 21 V.S.A. § 499 is amended to read:

§ 499. JURORS AND; WITNESSES; RETALIATION PROHIBITED

(a) No employer may An employer shall not discharge or otherwisepenalize an employee by reason of his service as a juror, or penalize suchemployee or deprive him of any right, privilege, or benefit on a basis whichdiscriminates between such employee and other employees not serving asjurors. All employees depriving the employee of any right, privilege, orbenefit of employment:

(1) For serving as a juror, and the employee who is absent from work forjury duty shall be considered in the service of their employer an employeeduring all times while serving as jurors in accordance with this section a jurorfor purposes of determining seniority, fringe benefits, credit toward vacationsand other rights, privileges, and benefits of employment.

(b) No employer may discharge an employee by reason of the employee's

(2) For absence from work while in attendance as a witness pursuant toa summons duly issued and served in any proceeding, civil or criminal, in anycourt of competent jurisdiction within or without the state, or in any otherproceeding before a board, commission, attorney, or other person or tribunal inthe state authorized by law to hear testimony under oath; nor shall an employerpenalize such employee or deprive him of any right, privilege, or benefit on abasis which discriminates between such employee and other employees notappearing as witnesses. All employees shall be considered in the service oftheir employer while appearing as witnesses in accordance with this section forpurposes of determining seniority, fringe benefits, credit toward vacations, andother rights, privileges, and benefits of employment.

(3) For absence from work while in attendance as a witness before, andpursuant to a request from, a committee of the state legislature or federalCongress.

(c)(b) Subdivision (a)(3) of this section shall not apply to state employeeswhose communications with the general assembly are protected by section 974of Title 3.

(c) A person who violates a provision of this section shall be fined notmore than $200.00.

And that when so amended the bill ought to pass.


Thereupon, the bill was read the second time by title only pursuant toRule 43, the recommendation of amendment was agreed to, and third readingof the bill was ordered.

Bills Passed

Senate bills of the following titles were severally read the third time andpassed:

S. 2. An act relating to offenders with a mental illness or other functionalimpairment.

S. 26. An act relating to recovery of profits from crime.

Bill Amended; Bill Passed

S. 27.

Senate bill entitled:

An act relating to tastings and sale of wines by wineries.

Was taken up.

Thereupon, pending third reading of the bill, Senator Miller, on behalf ofthe Committee on Economic Development, Housing and General Affairsmoved to amend the bill as follows

First: In Sec. 1., in 7 V.S.A. §2(15) in the fifth sentence by striking out thewords “or near the premises of the licensee” and inserting in lieu thereof thewords premises of the licensee or the vineyard property

Second: In Sec. 1., 7 V.S.A. §28, after the word “distribute” by adding thefollowing: , with or without charge,

After passage, the title of the bill is to be amended to read:

“An act relating to tastings and sale of wines, fortified wines, and spirits.”


Thereupon, the bill was read the third time and passed.

Bill Passed in Concurrence

H. 166.

House bill of the following title was read the third time and passed inconcurrence:

An act relating to the Vermont Student Assistance Corporation.


Bill Amended; Third Reading Ordered

S. 25.

Senator White, for the Committee on Government Operations, to which wasreferred Senate bill entitled:

An act relating to the repeal or revision of certain state agency reportingrequirements.

Reported recommending that the bill be amended by striking out all afterthe enacting clause and inserting in lieu thereof the following:


§ 20. LIMITATION ON DISTRIBUTION AND DURATION OF AGENCYREPORTS

* * *

(d) Unless otherwise provided by law, whenever it is required by statute,regulation, or otherwise that an agency submit an annual, biennial, or otherperiodic report to the general assembly, that requirement shall no longer berequired after five years and the legislative council, pursuant to section 424 ofTitle 2, shall revise the Vermont Statutes Annotated accordingly.


§ 603. FUNCTIONS

The joint energy committee shall:

* * *

(2) at least annually report to the general assembly the results of itsdeliberations;

(3)(2) work with, assist, and advise other committees of the generalassembly, the executive, and the public, in energy related energy-relatedmatters within their respective responsibilities.

Sec. 3. 3 V.S.A. § 22(h) is amended to read:

(h) The powers of the commission shall include, but not be limited to, thefollowing:

* * *

(6) To report by January 15 of each year to the governor, speaker of thehouse and senate president pro tempore an annual summary of Vermontwomen’s social and economic status including, but not limited to, employment


and earnings, economic autonomy, and political participation andrepresentation;

(7) To utilize such voluntary and uncompensated services of privateindividuals, agencies, and organizations as may, from time to time, be offeredand needed;

(8)(7) To accept and solicit funds, including any gifts, donations, grants,or bequests or any federal funds, for any commission related purposes.

Sec. 4. 3 V.S.A. § 123(g) is amended to read:

(g) On or before January 1 of each year, the director shall file a report of allrules adopted for professions attached to the office of professional regulationwithin the last 12 months to the house and senate committees on governmentoperations of the general assembly.

Sec. 5. 3 V.S.A. § 631(d) is amended to read:

(d)(1) Notwithstanding any other provision of this section to the contrary,and in addition to the powers and duties described in sections 2852 and 2853of this title and section 2603 of Title 10, the secretary of natural resources,through the commissioner of the department of forests, parks and recreation, isauthorized to expend funds for purposes of continuing employee medicalinsurance benefits provided to seasonal temporary state employees by theiroff-season employers. Any such expenditure shall be subject to the followinglimitations:

(A)(1) funds may be paid either directly to the benefit provider or tothe off-season employer as a reimbursement;

(B)(2) the total amount paid for any temporary employee medicalinsurance reimbursement shall not exceed the costs of group medical benefitsfor a permanent state employee as determined by the commissioner of humanresources, and it shall be within the discretion of the commissioner of thedepartment of forests, parks and recreation to pay some lesser amount than themaximum;

(C)(3) the commissioner of the department of forests, parks andrecreation shall establish written guidelines regarding the administration of thisprogram, subject to the approval of the commissioner of human resources;

(D)(4) the amount expended by the commissioner for this programshall be limited to the amount directly saved by the department of forests,parks and recreation on expenses, such as advertising, unemploymentcompensation, and training, as a result of encouraging the return to stateseasonal employment by seasonal employees who have consistent off-seasonemployment; and


(E)(5) this subsection shall expire on July 1, 2004, unless soonerextended.

(2) The secretary of natural resources, through the commissioner of thedepartment of forests, parks and recreation, shall report to the legislature on theeffectiveness of this program, to include information on the number ofemployees affected, the amounts spent to pay for benefits, and any amountssaved by the department of forests, parks and recreation.

Sec. 6. 3 V.S.A. § 2222(i) is amended to read:

(i) The secretary of administration is authorized to transfer vacant positionsthroughout the executive branch of state government, and to adjustappropriations in the executive branch in accordance with the secretary’sstatewide vacancy savings plan that reflects realistic savings due to vacantpositions. Such appropriation adjustments shall result in no change to the totalstatewide legislative appropriations to the executive branch. This authority isseparate from the secretary’s authority provided in section 706 of Title 32.A report of all actions taken during the preceding fiscal year pursuant to thisauthority shall be furnished to the legislature no later than January 15 of eachyear. The report shall include a list of all authorized filled and vacant positionsby department and all positions subject to this subdivision and shall indicatewhether each position is classified, exempt, or temporary. In addition, thesecretary shall periodically furnish the legislature with a report ofaccomplishments and recommendations concerning improvements in bettermanaging resources on a statewide basis.


§ 2422. BUDGET AND REPORT

The secretary shall be responsible to the governor and shall plan,coordinate, and direct the functions vested in the agency. He shall prepare andsubmit to the governor an annual budget and shall prepare and submit to thegovernor and the general assembly in November of each year a reportconcerning the operation of the agency for the preceding fiscal year and thefuture goals and objectives of the agency.

Sec. 8. 3 V.S.A. § 2472a is amended to read:

§ 2472a. HISTORIC SITE MARKERS PROGRAM

A program for the erection of historic site markers is created within theagency of commerce and community development and shall be administeredby the state historic preservation officer. The preservation officer shallannually recommend 30 sites for the funding of historic site markers to thehouse and senate institutions committees, and shall oversee the erection,


restoration and maintenance of historic site markers. In performing theseduties, the preservation officer shall consult with the Vermont HistoricalSociety, the University of Vermont Historic Preservation Program, thePreservation Trust of Vermont, and other similar entities.


§ 3022. BUDGET AND REPORT

The secretary shall be responsible to the governor and shall plan,coordinate, and direct the functions vested in the agency. He shall prepare andsubmit to the governor an annual budget and shall prepare and submit to thegovernor and the general assembly in November of each year a reportconcerning the operations of the agency for the preceding fiscal year and thefuture goals and objectives of the agency.


§ 4021. ADOPTION OF STATE AGENCY PLANS

By January 1, 1991, each state agency that has programs or that takesactions affecting land use shall adopt an interim plan that is compatible withregional and approved municipal plans, and that is consistent with the goalsestablished in 24 V.S.A. § 4302. By January 1, 1993, each state agency thathas programs or that takes actions affecting land use shall adopt a plan that iscompatible with regional plans and approved municipal plans, and that isconsistent with the goals established in 24 V.S.A. § 4302. Thereafter, theagency shall readopt its plan biennially, to ensure that its plan remainscompatible with regional plans and approved municipal plans, and remainsconsistent with the goals established in 24 V.S.A. § 4302. All proposed,adopted and readopted state agency plans and amendments, including interimplans and amendments, shall be submitted to the council of regionalcommissions for review pursuant to the procedures set out in 24 V.S.A. §4305. The term “approved municipal plans” as used in this section has themeaning established in 24 V.S.A. § 4350.


§ 38. FEES OF WITNESSES; DUTIES OF EXECUTIVE SECRETARY;DUTIES OF SECRETARY OF AGENCY

The fees of witnesses before the board or the agency shall be the same as inthe superior court. In all causes on behalf of or for the convenience or safetyof the public, and in the investigation of accidents, the fees of witnesses, andthe expense of summoning them shall be paid by the executive secretary or thesecretary of the agency. Periodically, the executive secretary and the secretaryof the agency of transportation may request money from the commissioner of


finance and management to pay fees and expenses, and the commissioner offinance and management shall issue his or her warrants. The executivesecretary and the secretary of the agency of transportation shall quarterly, onFebruary, May, August and November 1, render to the commissioner offinance and management an account of his or her receipts and disbursementsunder this section, and pay any unexpended balance into the state treasury.


(d) The functions of the council are:

* * *

(5) To prepare annually or more frequently as deemed necessary, asummary of pesticides which because of their hazardous characteristics orproperties warrant special surveillance and stricter control of availability anduse.

(6) To recommend studies necessary for the performance of its functionsas established under this section.

(7)(6) To recommend benchmarks with respect to the state goal ofachieving an overall reduction in the use of pesticides consistent with soundpest or vegetative management practices, and to issue an annual report to thegeneral assembly, detailing the state’s progress in reaching those benchmarksand attaining that goal. The benchmarks should be designed to enableevaluation of multiple indicators of pesticide usage, use patterns, andassociated risks. Benchmarks should take into consideration, but shall not belimited to, the following:

* * *


§ 2763. SECRETARY’S VERIFICATION

* * *

(e) The secretary shall annually prepare a list of each milk handler, and ofeach milk or dairy product of the handler concerned, whose claim of non-rbSTuse pursuant to section 2762 of this title has been validated. The list shall beavailable to the public upon request.

(f) If the secretary determines that the claims of a milk handler of non-rbSTuse pursuant to section 2762 of this title cannot be verified, the secretary shallimmediately so notify the attorney general and the handler concerned.

(g) The secretary shall annually by January 15 report to the generalassembly on implementing this section, consistent with the confidentialityrequirements of section 2766 of this title.


Sec. 14. 6 V.S.A. § 2963a(b) is amended to read:

(b) Comprehensive plan. The agricultural development division shallprepare a comprehensive plan for the most efficient and productive futuredevelopment of diversified agriculture in Vermont. In so doing, the divisionshall continue its initiative to organize and lead the dozens of commoditygroups in a collaborative self-assessment and planning effort. Through thisinitiative plus the assistance of educational institutions and other governmentagencies, the division shall organize and manage:

* * *

(3) The preparation of an action and finance plan, based on the needsassessment and market evaluation, including annual performance benchmarksand annual budgets for at least a five-year period. The plan shall be updatedannually, and shall be presented annually by January 15 to the governor, thegeneral assembly and the public. The plan presented in January 2000 may bepreliminary in nature.

Sec. 15. 6 V.S.A. § 2963a(e) is amended to read:

(e) Coordination; reports.

(1) In the implementation of this section, the agricultural developmentdivision shall collaborate with the Vermont economic development authority toensure that the economic development activities provided for by chapter 12 ofTitle 10 are consistent with the needs of Vermont producers of diverseagricultural commodities. The division shall also collaborate with relevantprivate and public organizations, including the sustainable agricultural councilestablished by section 4701 of this title.

(2) The agricultural development division shall report annually byJanuary 15 to the general assembly on the implementation of this section,including the extent to which performance benchmarks contained in thecomprehensive plan were achieved during the previous fiscal year, and adescription of and justification for the allocation of state, federal or other fundsduring the previous fiscal year. Such information contained in the reportsubmitted in January 2000 shall cover the first half of fiscal year 2000.


(d) By January 15, annually, the council shall prepare a report fordistribution to participating organizations, the general assembly and the publicsummarizing developments in sustainable agriculture in Vermont andnationally. The report shall also make recommendations for future activitiesthat will promote the objectives of this section.

Sec. 17. 8 V.S.A. § 4089b(h) is amended to read:


(h) The commissioner shall establish a task force to develop performancequality measures, address oversight issues for managed behavioral health careorganizations, and review the results of any quality improvement projects nototherwise confidential or privileged, undertaken by managed careorganizations for mental health and substance abuse care and treatment undersubdivision (d)(1)(A)(vii) of this section and section 9414(i) of Title 18. Thetask force shall report to the senate committee on health and welfare and thehouse committees on health care and on human services on or before January15 of each year with a report on the activities and recommendations of the taskforce. The task force shall include the following:

* * *

Sec. 18. 10 V.S.A. § 7(c) is amended to read:

(c) Each economic development recipient shall report annually, in a mannerand on a form prescribed by the commissioner of economic development, theamount or monetary value of economic assistance or incentive granted,awarded or approved, and such information as is necessary to determinewhether the recipient has reached its job creation or other public benefit goalsstated pursuant to subsection (b) of this section. On or before January 15 ofeach year the commissioner of economic development shall submit to thegeneral assembly a benchmarks report identifying for each economicdevelopment assistance or incentives program subject to the provisions of thissection, and for each economic development recipient, the amount or monetaryvalue of economic assistance or incentive granted, awarded or approved, andthe number of new jobs that have been created and existing jobs that have beenretained as a result of such assistance, the wages and employee benefitsassociated with such jobs, and any other public benefits associated with sucheconomic development assistance or incentives. The benchmarks report shallalso compare the performance of such programs with the performanceanticipated by economic development recipients under subsection (b) of thissection. Such annual reports shall not be considered confidential, and may beinspected and copied pursuant to subchapter 3, chapter 5 of Title 1 (publicrecords law), notwithstanding the provisions of section 317(b)(17) of Title 1,section 3102 of Title 32, or any other law.

Sec. 19. 10 V.S.A. § 175(b) is amended to read:

(b) Each year, prior to February 1, the authority shall submit a report of itsactivities for the preceding fiscal year to the governor and to the generalassembly. The report shall set forth a complete operating and financialstatement covering its operations during the year. The authority shall cause anaudit of its books and accounts to be made at least once in each year by acertified public accountant. The cost of the audit shall be considered an


expense of the authority, and a copy of the audit shall be filed with the statetreasurer.


§ 283. LIMITATIONS ON PURPOSES AND POWERS

The Vermont venture capital fund raised from Vermont taxpayers shallform as either a business corporation or limited partnership as set forth in Title11, subject to the following:

* * *

(3) the Vermont venture capital fund shall cause to be prepared a reportwhich shall include an audited financial statement certified by an independentcertified public accountant, within 120 days after the close of each fiscal yearof its operations. This report shall be distributed to the governor andlegislative council and made available to the public. The report shall include adiscussion of the fund’s impact on the Vermont economy and employment;

* * *

Sec. 21. 10 V.S.A. § 541(i) is amended to read:

(i) The workforce development council shall:

* * *

(6) Receive annual reports from the department of labor on theworkforce education and training revenues and expenditures of agencies andinstitutions which are members of the council.

* * *

(10) Annually, on or before January 15, report to the general assemblyon activities carried out during the previous year in order to accomplish itsmandate.



(d) Subject to available resources, each investment board shall report to theworkforce development council in the manner described by the council. Thereport shall include the following:

* * *

(3) An annual evaluation and report on the success of the members incarrying out the following:

(A) The annual workforce development work plan, includinginformation about the effectiveness and rate of workforce retention of anytraining programs implemented in the work plan.

(B) The workforce education training fund programs based on theindicators in the workforce investment act and any other performanceindicators requested by the workforce development council.

Sec. 23. 10 V.S.A. § 543(g) is amended to read:

(g) Accountability. The commissioner of labor in consultation with thecommissioner of economic development and the workforce developmentcouncil shall do all the following:

(1) develop evaluation standards that measure the effectiveness of theprograms and projects funded by this section, which shall include an objectiveprocess that documents the state’s return on investment; and.

(2) on or before December 1 of each year, submit a report to thegovernor, the speaker of the house, the president pro tempore of the senate, thechair of the house committee on commerce, and the chair of the senatecommittee on economic development, housing and general affairs that includesall the following information for the prior fiscal year:

(A) the number of applications received, grants awarded, jobscreated, including wages for each, jobs filled, including wages for each,internships created, and interns served; the information shall be categoricallyposted every quarter on the department of labor’s website;

(B) funds needed for the next fiscal year; and

(C) the extent to which the program has improved coordination,cooperation, and effective expenditure of resources by workforce educationand training entities and increased employers’ participation in and provision ofworkforce training opportunities and internships by employers, educationalinstitutions, and other private entities.



§ 675. AUDITS OF A SMALL BUSINESS INVESTMENT COMPANY;REPORT

The Vermont small business investment company shall annually submit tothe board an independent financial audit of the company conducted by acertified public accountant at the company’s expense in accordance with rulesadopted by the board under subsection 673(b) of this title. The company shallalso submit an annual report of its activities to the board. The board in itsdiscretion may examine the financial accounts and any other records of thecompany at any time. The board shall report annually to the general assembly,on or before November 1. The board’s report shall contain all auditsconducted of the company since the board’s last report, and the board’sfindings and recommendations concerning whether the activities of theVermont small business investment company are fulfilling the purposes of thischapter.


(d) The board shall determine what degree of water quality andclassification should be obtained and maintained for those waters not classifiedby it before 1981 following the procedures in sections 1254 and 1258 of thistitle. Those waters shall be classified in the public interest. The secretary shallrevise all 17 basin plans by January 1, 2006, and update them every five yearsthereafter. On or before January 1 of each year, the secretary shall report to thehouse committees on agriculture and natural resources and energy and to thesenate committees on agriculture and natural resources and energy regardingthe progress made and difficulties encountered in revising basin plans. ByJanuary 1, 1993, the secretary shall prepare an overall management plan toensure that the water quality standards are met in all state waters.

Sec. 26. 10 V.S.A. § 1264(f) is amended to read:

(f)(1) In a stormwater-impaired water, the secretary may issue:

* * *

(3) By January 15, 2010, the secretary shall issue a watershedimprovement permit, issue a general or individual permit implementing aTMDL approved by the EPA, or issue a general or individual permitimplementing a water quality remediation plan for each of thestormwater-impaired waters on the Vermont Year 2004 Section 303(d) List ofWaters required by 33 U.S.C.1313(d). In developing a TMDL or a waterquality remediation plan for a stormwater-impaired water, the secretary shallconsult “A Scientifically Based Assessment and Adaptive ManagementApproach to Stormwater Management” and “Areas of Agreement about the


Scientific Underpinnings of the Water Resources Board’s Original SevenQuestions” set out in appendices A and B, respectively, of the final report ofthe water resources board’s “Investigation Into Developing Cleanup Plans ForStormwater Impaired Waters, Docket No. Inv-03-01,” issued March 9, 2004.Beginning January 30, 2005 and until a watershed improvement permit, ageneral or individual permit implementing a TMDL, or a general or individualpermit implementing a water quality remediation plan is set for each of thestormwater-impaired waters on the Vermont Year 2004 Section 303(d) List ofWaters required by 33 U.S.C. § 1313(d), the secretary shall report annually tothe general assembly on agency progress in establishing the watershedimprovement permits, TMDLs, and water quality remediation plans for thestormwater-impaired waters of the state; on the accuracy of assessment andenvironmental efficacy of any stormwater impact fee paid to the statestormwater-impaired waters restoration fund; and on the efforts by thesecretary to educate and inform owners of real estate in watersheds ofstormwater-impaired waters regarding the requirements of the state stormwaterlaw.

* * *

Sec. 27. 10 V.S.A. § 1941(e) is amended to read:

(e) The secretary shall establish a petroleum cleanup fund advisorycommittee which shall meet not less than annually to review receipts anddisbursements from the fund, to evaluate the effectiveness of the fund inmeeting its purposes, the reasonableness of the cost of cleanup and torecommend alterations and statutory amendments deemed appropriate. Theadvisory committee shall submit an annual report of its findings to the generalassembly on January 15 of each year. In its annual report, the advisorycommittee shall review the financial stability of the fund, evaluate theimplementation of assistance related to underground farm or residential heatingfuel storage tanks and aboveground storage tanks, and the need for continuingassistance, and shall include recommendations for sustainable funding sourcesto finance the provision of that assistance. The membership of the committeeshall include the following or their designated representative:

* * *

Sec. 28. 10 V.S.A. § 1961(a) is amended to read:

(a) The advisory committee shall:

* * *

(4) By June 15, 1991 and every January thereafter, recommend to thesecretary, a Vermont policy for Lake Champlain or changes to existing policy.By June 15, 1991 and every January thereafter, the secretary shall recommend


to the legislature a policy or policy changes regarding Lake Champlain. Thepolicy shall:

* * *

(5) On or before June 15, 1991 and every January thereafter present areport to the Vermont legislature. The report shall include the following:

(A) An update on the quality of the waters of the lake.

(B) Findings of pertinent research.

(C) An action plan including, but not limited to, water quality andfishery improvement measures and ways to enhance public use of and accessto the lake.

(D) Recommended budgets and revenue sources including anexpanded lake user fee structure.

* * *


(d) The panels of the board and commissions shall make all practicalefforts to process matters before the board and permits in a prompt manner.The land use panel shall establish time limits for the processing of land usepermits issued under section 6086 of this title as well as procedures and timeperiods within which to notify applicants whether an application is complete.The land use panel shall report annually by February 15 to the house andsenate committees on natural resources and energy and on governmentoperations, and the house committee on fish, wildlife and water resources. Theannual report shall assess the performance of the board and commissions inmeeting the limits; identify areas which hinder effective performance; list feescollected for each permit; summarize changes made to improve performance;and describe staffing needs for the coming year. The annual report shall listthe number of enforcement actions taken by the land use panel, the dispositionof such cases, and the amount of penalties collected.


(d) Expenditures authorized.

* * *

(3) By January 15 of each year, commencing in 2007, the department ofpublic service shall provide to the house and senate committees on naturalresources and energy, the senate committee on finance, and the housecommittee on commerce a report detailing the revenues collected and theexpenditures made under this subchapter, together with recommended


principles to be followed in the allocation of funds and a proposed five-yearplan for future expenditures from the fund.

(4) Projects for funding may include the following:

* * *

(5)(4) If during a particular year, the department determines that there isa lack of high value projects eligible for funding, as identified in the five-yearplan, or as otherwise identified, the department may consult with the board,and shall consider transferring funds to the energy efficiency fund establishedunder the provisions of 30 V.S.A. § 209(d). Such a transfer may take placeonly in response to an opportunity for a particularly cost-effective investmentin energy efficiency, and only as a temporary supplement to funds collectedunder that subsection, not as replacement funding.

(6)(5) The sum of $20,000.00 shall be transferred annually from theclean energy development fund to the general fund to support the cost of thesolar energy income tax credits.


(a) The following timetable and responsibilities shall be adhered to:

* * *

(20) Every year after the initial report required by subdivision (a)(12) ofthis section, and until otherwise directed by the legislature, the authority shall,after public comment, report to the legislature its recommendations for thepermanent disposal of the long-lived waste and, no later than the beginning ofoperations of the disposal facility authorized by this chapter, propose to thelegislature a specific disposal plan for the permanent disposal of the long-livedwaste.

(21) Within 120 days of the completion of decommissioning of theVermont Yankee nuclear generating facility, the authority shall begin closureof the disposal facility.


(d) Agency responsibility.

* * *

(3) The agency shall report to the general assembly, no later thanJanuary 15, 2008, and each year thereafter, on the effectiveness of themercury-added switch recovery program, including the amount of mercuryremoved and recycled and the status of compliance by motor vehicle recyclersand auto manufacturers with this section. In consultation with the advisorycommittee on mercury pollution, the agency shall make recommendations for


other actions, including a defined incentive-based system, if the program doesnot succeed in achieving high participation rates and switch capture ratessufficient to assure that a majority of switches is collected.


(a) There is created an advisory committee on mercury pollution to consistof one member of the house of representatives, appointed by the speaker; onemember of the senate, appointed by the committee on committees; thesecretary of natural resources or the secretary’s designee; the commissioner offish and wildlife or the commissioner’s designee; and the following persons, asappointed by the governor: one representative of an industry that manufacturesconsumer products that contain mercury; one public health specialist; onehospital representative; one representative of the Abenaki Self-HelpAssociation, Inc.; one toxicologist; one representative of a municipal solidwaste district; and one scientist who is knowledgeable on matters related tomercury contamination. The advisory committee shall advise the generalassembly, the executive branch, and the general public on matters relating tothe prevention and cleanup of mercury pollution and the latest science on theremediation of mercury pollution. By January 15 of each year, the advisorycommittee will report to the general assembly updated information on thefollowing:

(1) The extent of mercury contamination in the soil, waters, air, andbiota of Vermont.

(2) The extent of any health risk from mercury contamination inVermont, especially to pregnant women, children of the Abenaki Self-HelpAssociation, Inc., and other communities that use fish as a major source offood.

(3) Methods available for minimizing risk of further contamination orincreased health risk to the Vermont public.

(4) Potential costs of minimizing further risk and recommendations ofhow to raise funds necessary to reduce contamination and minimize risk ofmercury-related problems in Vermont.

(5) Coordination needed with other states to address effectively mercurycontamination.

(6) The effectiveness of the established programs, includingmanufacturer-based reverse distribution systems for in-state collection,subsequent transportation, and subsequent recycling of mercury from wastemercury-added products, and recommendations for altering the programs tomake them more effective.


(7) Ways to reduce the extent to which solid waste produced within thestate is incinerated at incinerators, regardless of location, that fail to use thebest available technology in scrubbing and filtering emissions from theincinerator stack.


§ 5231. RIGHT TO REPRESENTATION, SERVICES AND FACILITIES

A needy person who is being detained by a law enforcement officer withoutcharge or judicial process, or who is charged with having committed or isbeing detained under a conviction of a serious crime, is entitled:

* * *

(2) To be provided with the necessary services and facilities ofrepresentation. Any such necessary services and facilities of representationthat exceed $1,500.00 per item must receive prior approval from the court aftera hearing involving the parties. The court may conduct the hearing outside thepresence of the state, but only to the extent necessary to preserve privileged orconfidential information. This obligation and requirement to obtain prior courtapproval shall also be imposed in like manner upon the attorney general or astate’s attorney prosecuting a violation of the law. The court shall annuallysubmit a report of such approvals to the house and senate committees onappropriations on January 1 of each year. The attorney, services and facilities,and court costs shall be provided at public expense to the extent that theperson, at the time the court determines need, is unable to provide for theperson’s payment without undue hardship.


§ 7283. COLLECTION AND TRANSMITTAL

The court shall collect the amount due under this subchapter and transmit itto the state treasurer for deposit in the general fund. Annually, on or beforeJuly 1, the court administrator shall prepare and file with the state treasurer areport setting out the amounts collected under this subchapter.


Sec. 36. 16 V.S.A. § 2281(f) is amended to read:

(f) Control of funds appropriated and of the work carried on under theterms of section 2321 of this title shall be vested in the board of trustees of theUniversity of Vermont and State Agricultural College. The University ofVermont and State Agricultural College shall provide an accounting servicewhich shall account for the expenditure of funds by divisions and shall makean annual financial report to the governor of the state. All funds appropriatedto the agricultural college shall be kept in a separate account and shall beaudited annually by an independent accounting firm registered in the state ofVermont in accordance with government auditing standards issued by theUnited States Government Accountability Office (GAO).


§ 2325. AGENCY FOR COOPERATION UNDER FEDERAL SOILCONSERVATION LAW

In order that the policy of cooperating with the governments and agenciesof other states and of the United States in carrying out the policy and purposesspecified in section 7(a) of the act of Congress, known as the “SoilConservation and Domestic Allotment Act” may become established in thestate of Vermont, and in order to effectuate such policy, the University ofVermont and State Agricultural College is hereby authorized and empowered:

* * *

(10) To provide for the submission to the secretary of agriculture ofsuch reports as may be required to ascertain whether such plans are beingcarried out according to their terms and to assure the correctness of and makepossible verification of such reports; and

(11) To submit to the governor of the state an annual report for eachyear covering the administration and operation of such program.

Sec. 38. 16 V.S.A. § 2879f is amended to read:

§ 2879f. ANNUAL REPORTS

The corporation shall review, on an annual basis, the financial status of theprogram and the participation rate in the program. The corporation shall alsoreview the continued viability of the program and the administration of theprogram by the corporation. The corporation shall report by January 15th thefindings to the speaker of the house, the president pro tem of the senate, and tothe house and senate committees on education.



(b)(1) Annually the division shall prepare a three-year projection of healthcare expenditures made on behalf of Vermont residents, based on the format ofthe health care budget and expenditure analysis adopted by the commissionerunder this section, projecting expenditures in broad sectors such as hospital,physician, home health, or pharmacy. The projection shall include estimatesfor:

* * *

(4) The division shall prepare a report of the final projections madeunder this subsection, and file the report with the general assembly on orbefore January 15 of each year.

Sec. 40. 19 V.S.A. § 10h(a) is amended to read:

(a) The agency shall report to the transportation board each project forwhich the current construction cost estimate exceeds the last approvedconstruction cost estimate by a substantial level, as substantial level is definedby the transportation board. The transportation board shall review such aproject, and may grant approval to proceed. If not approved by thetransportation board, the project shall not proceed to contract award untilapproved by the general assembly. On or before December 31 of each year,the agency shall inform the house and senate committees on transportation ofany project for which the current construction cost estimate exceeds the lastapproved construction cost estimate by a substantial level, as defined by thetransportation board, regardless of whether such a project has been submittedto the transportation board for its approval to proceed, or regardless of thestatus of such a project before the transportation board.


(a)(1) There is created a radiological emergency response plan fund, intowhich any entity operating a nuclear reactor or storing nuclear fuel andradioactive waste in this state (referred to hereinafter as “the nuclear powerplant”) shall deposit the amount appropriated to support the Vermontradiological response plan for that fiscal year, adjusted by any balance in theradiological emergency response plan fund from the prior fiscal year. Thereshall also be deposited into the fund any monies received from any othersource, public or private, that is intended to support the radiological emergencyresponse planning process. The fund shall be managed in accordance withsubchapter 5 of chapter 7 of Title 32. Any interest earned on the balance in thefund shall be retained by the fund.

* * *


(4) By January 15 of each year, the division of emergency managementshall submit to the general assembly a report detailing expenditures from thefund for the preceding fiscal year.

* * *


(b) The state fire marshal shall have power to adopt reasonable rules andregulations for granting permits for supervised public displays of fireworks bymunicipalities, fair associations, amusement parks, and other organizations orgroups of individuals. The state fire marshal shall compile an annual report ofall injuries to person and property resulting from the use of fireworks andsparklers reported for the preceding fiscal year. The state fire marshal shallannually by March 15 submit a report to the house committee on general,housing and military affairs and the senate committee on economicdevelopment, housing and general affairs.


(a) When as a result of an injury covered by this chapter, an employee isunable to perform work for which the employee has previous training orexperience, the employee shall be entitled to vocational rehabilitation services,including retraining and job placement, as may be reasonably necessary torestore the employee to suitable employment. Vocational rehabilitationservices shall be provided as follows:

* * *

(6) The commissioner shall make annual reports to the general assemblyon the success and status of the workers’ compensation vocationalrehabilitation program.


§ 606. OTHER DUTIES AND FUNCTIONS

The department, in addition to the functions specified in section 605 of thistitle:

* * *

(2) Shall compile and publish annual statistics covering all libraries inthe state, including those maintained by the department of libraries.

(3) Shall provide consultative services to other libraries in the state, andshall encourage formation of central records of library holdings.

(4)(3) Shall promote improved communications among libraries in thestate as well as cooperative use of facilities.


(5)(4) May provide facilities in cooperation with other libraries forstorage of little used materials.

(6)(5) May conduct seminars, workshops, and other programs toincrease the professional competence of librarians in the state.

(7)(6) May receive and administer gifts of real and personal propertyaccepted by the governor on behalf of the state under section 101 of Title 29.

(8)(7) May dispose of by sale or exchange, or may discard, materialwhich is obsolete or has ceased to be useful, because of its physical conditionor otherwise. Any proceeds from the sale or disposition of materials shall becredited to a special fund established and managed pursuant to subchapter 5 ofchapter 7 of Title 32, and shall be available to the department for the purchaseof library materials. Materials constituting public records or which arearchival in nature may be disposed of only following thirty 30 days’ notice tothe commissioner of buildings and general services.

(9)(8) Shall be the primary access point for state information, andprovide advice on state information technology policy.


§ 610. NONPROFIT FOUNDATION FOR PUBLIC LIBRARY SERVICES

The state librarian is authorized to establish a nonprofit foundation for thepurpose of raising funds from private sources to enhance public libraryservices in Vermont. All funds from private sources shall be used for grants toVermont public libraries as defined by section 101 of this title to further anypurpose considered to be in harmony with the original purpose of the gift. Thestate librarian shall not spend more than $5,000.00 of appropriated funds inany one fiscal year to establish and to administer the nonprofit foundation. Nofunds raised from private sources shall be used by the state librarian to replacefunds appropriated for the operation of the department of libraries. Annually,the state librarian shall file a report with the general assembly describing thefunds received and grants made by the foundation.

Sec. 46. 23 V.S.A. § 304b(a) is amended to read:

(a) The commissioner shall, upon application, issue conservationregistration plates for use only on vehicles registered at the pleasure car rateand on trucks registered for less than 26,001 pounds and excluding vehiclesregistered under the International Registration Plan. Plates so acquired shall bemounted on the front and rear of the vehicle. The commissioner of motorvehicles and the commissioner of fish and wildlife shall determine the graphicdesign of the special plates in a manner which serves to enhance the publicawareness of the state’s interest in restoring and protecting its wildlife and


major watershed areas. The commissioner of motor vehicles and thecommissioner of fish and wildlife may alter the graphic design of these specialplates provided that plates in use at the time of a design alteration shall remainvalid subject to the operator’s payment of the annual registration fee.Applicants shall apply on forms prescribed by the commissioner and shall payan initial fee of $20.00 in addition to the annual fee for registration. Infollowing years, in addition to the annual registration fee, the holder of aconservation plate shall pay a renewal fee of $20.00. The commissioner shalladopt rules under 3 V.S.A. chapter 25 to implement the provisions of thissubsection. The commissioner of motor vehicles and the commissioner of fishand wildlife shall annually submit to the members of the house committees ontransportation and fish, wildlife and water resources, and the members of thesenate committees on transportation and natural resources and energy a reportdetailing, over a three-year period, the revenue generated, the number of newconservation plates sold and the number of renewals, and recommendations forprogram enhancements.

Sec. 47. 24 V.S.A. § 4753a(a) is amended to read:

(a) Pollution control. The general assembly shall approve all categories ofawards made from the special funds established by section 4753 of this title forwater pollution control facility construction, in order to assure that such awardsconform with state policy on water quality and pollution abatement, and withthe state policy that, except as provided in subsection (c) of this section,municipal entities shall receive first priority in the award of public monies forsuch construction, including monies returned to the revolving funds fromprevious awards. To facilitate this legislative oversight, the secretary ofnatural resources shall annually no later than January 15 report to the houseand senate committees on institutions and on natural resources and energy onall awards made from the relevant special funds during the prior and currentfiscal years, and shall report on and seek legislative approval of all the types ofprojects for which awards are proposed to be made from the relevant specialfunds during the current or any subsequent fiscal year. Where feasible, thespecific projects shall be listed.


(c) The commissioner is charged with the following responsibilities:

* * *

(13) To report biennially to the general assembly, submitting a summaryof the operations of the department during the preceding two years.

(14) To collect a fee up to the amount of $30.00 per month as asupervisory fee from each person under the supervision of the department who


is on probation, furlough, pre-approved furlough, supervised communitysentence, or parole. Supervisory fees collected by the department shall becredited to a special supervision and victim restitution fund, established andmanaged pursuant to subchapter 5 of chapter 7 of Title 32, for this purpose.The commissioner shall adopt rules governing the collection of supervisoryfees, including the maximum period of time offenders are subject tosupervision fees and the offender’s ability to pay such fees.

(15)(14) To lease farms or lands, with the approval of the department ofbuildings and general services in accordance with section 160 of Title 29, andto administer and manage such farms.

(16)(15) To exercise all powers and perform all duties established in theoffice of commissioner by the agency of human services and stated in sections3052 and 3053 of Title 3.

(17)(16) To exercise all powers and perform all duties necessary andproper in carrying out his or her responsibilities and in fulfilling the purposesand objectives of this title.

(18)(17) To establish within the department programs for inmates toparticipate in work, industry, community service, public works activities, andemployment at correctional facilities.

(19)(18) If a treaty in effect between the United States and a foreigncountry provides for the transfer or exchange of a convicted and sentencedoffender to the country of which the offender is a citizen or national, thecommissioner may, with the written consent of such offender obtained onlyafter the opportunity to consult with counsel, and in accordance with the termsof the treaty, consent to the transfer or exchange of any such offender and takeany other action necessary to initiate the participation of the state in the treaty.

(20)(19) To utilize the department of buildings and general services’competitive bidding practices in order to determine the most effective andcost-effective alternatives for housing inmates in any out-of-state correctionalfacility.

(21)(20) The commissioner is authorized to contract for paymentprocessing services for receiving deposits to inmate financial accounts. Thedepartment, directly or through a processing agent, may assess a fee fordeposits to each account so long as the fee does not exceed the costs incurred.


§ 121. COMMUNITY HIGH SCHOOL OF VERMONT BOARD

* * *


(d) The board shall report on its activities annually to the state board ofeducation.

(e) The board may, with the approval of the commissioner of corrections,appoint the education supervisor of the independent school.

Sec. 50. 28 V.S.A. § 701b(a) is amended to read:

(a) When a defendant or person in a civil or criminal action is sentenced tothe custody of the commissioner or committed to the commissioner’s custodypending a prosecution on a misdemeanor charge or for sentencing, thecommissioner or the commissioner’s designee shall within five days ofsentencing or commitment, excluding weekends and holidays, classify theperson to determine whether he or she shall be incarcerated, held at acommunity work camp or furloughed. Failure to classify within the five-dayperiod shall not create a private right of action against the state, its politicalsubdivisions or its employees. The department shall annually report to thehouse and senate institutions committees on the time within which individualshave been classified upon commitment or sentencing.

Sec. 51. 28 V.S.A. § 751b is amended to read:

§ 751b. GENERAL PROVISIONS GOVERNING OFFENDER WORK

* * *

(c) The commissioner shall establish written guidelines governing thehours and conditions of offender work, and the rates of compensation ofoffenders for employment. Wage payments of offenders shall be set aside in aseparate fund. The guidelines of the department may provide for the makingof deductions from wages of offenders to defray part or all of the cost ofoffender maintenance or payments to victims of crime. The guidelines mayalso provide for the setting aside by the department of a portion of anoffender’s wages to enable the offender to contribute to the support of his orher dependents, if any, to make necessary purchases from a commissary, topurchase approved books, instruments and instruction not supplied by acorrectional facility and to set aside sums to be paid to the offender uponrelease from the custody or supervision of the commissioner. Any interestwhich accrues from these wages during the period of such custody of anoffender shall be credited to any fund maintained by the correctional facilityfor the welfare of offenders. The commissioner shall annually, by January 1,provide a current copy of any guidelines promulgated under this section to thechairs of the senate and house committees on institutions and the offenderwork programs board established under section 761 of this title.

(d) The labor, work product ,or time of an offender may be sold,contracted, or hired out by the state only:


* * *

(2) To any state or political subdivision of a state, or to any nonprofitorganization which is exempt from federal or state income taxation, subject tofederal law, to the laws of the recipient state and to the rules of the department.The director of work offender programs shall annually, by January 1, submit tothe chairs of the senate and house committees on institutions and to theoffender work programs board a list of any such nonprofit organizationsreceiving goods or services in the prior and current fiscal year. Five membersof such the offender work programs board at a scheduled and warned boardmeeting may vote to disapprove any future sales of offender produced goods orservices to any nonprofit organization and such vote shall be binding on thedepartment.

* * *

(f) Annual report and two-year work programs plan. Annually by October1, the director of offender work programs shall submit to the offender workprograms board, and to the chairs of the house and senate committees oninstitutions, a written report on all offender work program activities authorizedunder this section for the previous fiscal year and a two-year plan for thecurrent and future fiscal years.

(1) The annual report shall include, but not be limited to, appropriations,income, production costs, offender injury compensation, prices as they relate toenterprise performance, depreciation of equipment, capital expanses, the statusand progress of vocational training programs for offenders, including thenumber of offenders placed in private or public sector jobs upon release fromcustody of the commissioner, the reasons for not expanding its operations ornot developing new products and any other related operational or financialconsiderations.

(2) The two-year plan shall address the direction of offender workprograms authorized by this section working at full capacity in the current andfollowing fiscal years, identify recipients of offender produced goods orservices, and analyze any potential impact on existing private businesses.

(g) The department of corrections shall, in any new initiative involvingsales of offender work products, seek to use the provisions of thefederally-authorized federally authorized Prison Industries EnhancementProgram.

(h)(g) Assembled products shall not be sold to any person, enterprise, orentity unless the offender work programs board has first reviewed any suchproposed sale, and five members of the board have voted in favor of theproposal at a scheduled and warned meeting of the board.


(i)(h) The commissioner shall consult and collaborate with thecommissioner of labor at least annually to seek funding and support forvocational training for offenders to help offenders achieve a successfultransition from the custody of the commissioner to private life. To the extentfeasible, any vocational training program for offenders shall incorporate theprofessional training standards applicable to the construction and other trades,and industries, existing in the private sector.


§ 761. OFFENDER WORK PROGRAMS BOARD

(a) Offender work programs board established. An offender workprograms board is established for the purpose of advising the commissioner onthe use of offender labor for the public good. The board shall base itsconsiderations and recommendations to the commissioner on a review of plansfor offender work programs pursuant to subsection (b) of this section, and onother information as it deems appropriate.

* * *

(3) The board shall report on its activities at the request of thecommissioner, and at least annually to the commissioner and to the joint fiscaloffice.

* * *

(b) Review of the annual report and two-year plan. In reviewing the annualreport and two-year plan submitted by the director of offender work programsas required by subsection 751b(f) of this title, and forming itsrecommendations concerning them to the commissioner, the board shall:

(1) assure itself that the plan is informed by thorough and accurateanalysis of private business activity in the specific market segments concerned,for which purpose the board may, with the commissioners’ approval of funds,hire by contract such persons the board deems necessary to assist it inanalyzing the plan. The board shall also conduct public hearings to hear frommembers of the public or from potentially affected private businesses and laborgroups;

(2) forward annually by January 1 to the joint fiscal office a maximumlevel of offender work program activity in each market segment during theterm of the plan; and

(3) make publicly known and available its recommendations foroffender work programs operations.

* * *



(b) The supervising officer of the Weeks School is hereby authorized to sellarticles made by the children in the handiwork departments in such school andthe proceeds thereof shall be used to create a revolving fund for the purchaseof materials for these departments. The revolving fund shall be held by thesupervising officer and an annual report submitted to the commissioner.


(a) The commissioner of buildings and general services, in addition to theduties expressly set forth elsewhere by law, shall have the authority to:

* * *

(24) Accept from the Federal Emergency Management Agency (FEMA)hazard mitigation grants on behalf of the state on an as-needed basis, or acceptfrom any municipality any funds received by the municipality from FEMA.This authority is intended to permit the state to assist towns in certainsituations by taking advantage of federal money in order to avoid depletion ofstate resources. Each receipt of a grant or gift as authorized by this subdivisionshall be reported to the chairs of the house and senate committees oninstitutions and to the joint fiscal office.

* * *

(26) Be available to consult with and share the department’s expertisewith school districts regarding the design, construction, or purchase of any newbuildings or alterations of existing buildings in connection with any technicalcenter receiving funding under Title 16. The commissioner, in collaborationwith the commissioner of education, shall periodically update the standardsdeveloped pursuant to Sec. 44 of No. 148 of the Acts of the 1999 Adj. Sess.(2000), and shall report the updated standards to the house and senatecommittees on institutions on or before January 15 of the next occurringlegislative session.

(27) After consulting with the state treasurer to determine the effect ofthe contract on the state’s debt and reviewing the creditworthiness of thecompany with which the state proposes to contract, and with the approval ofthe emergency board, enter into multiyear contracts with energy servicecompanies or third-party leasing companies for energy efficiency and fuelswitching improvements to state facilities, the cost of which will be recoveredthrough the avoided fuel, utility, operating, and maintenance costs resultingfrom the improvements. Improvements must within 20 years achieve savingssufficient to cover their costs. The commissioner shall report annually to thehouse and senate committees on institutions regarding the status of contractsundertaken under this subsection.


(28) With the approval of the emergency board, enter into performancecontracts with private sector providers to create energy-smart state buildingsand facilities primarily through revised operating strategies that will result inoperating cost savings. The commissioner shall work with private energycontractors and utilities companies to develop a plan to conduct energy audits,analyze the state’s energy needs, improve purchasing procedures to speed theconversion to new technology, and develop revised operating strategies toidentify the best use of the latest energy-saving technology. The commissionershall report annually to the house and senate committees on institutionsregarding the status of contracts undertaken under this section.

* * *


(c) Moneys from the fund shall be expended for rental of property for thepurposes contemplated herein, and to defray the cost of custodial services andother expenses necessary to the proper use and enjoyment of such premises bythe occupant. Moneys from the fund may also be expended for management ofbuildings and property under the jurisdiction of the department of buildingsand general services including but not limited to inventory, appraisal, spacestudy and allocation, and renovations. Cost of studies, renovations, alterations,and modifications shall not exceed $50,000.00 unless approved by thesecretary of administration. The secretary shall furnish the legislature eachyear a listing of projects which he or she approved that exceeded the$50,000.00 limit.


(b) Revolving fund.

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(7) The commissioner of buildings and general services shall maintainaccurate and complete records of all receipts by and expenditures from thefund and shall report to the general assembly on January 15 of each yearregarding projects approved through the fund, the status of the fund, and aconsolidated amortization schedule.

* * *


(d) The commissioner of buildings and general services, with the assistanceof all state agencies, shall cooperate with the generators and managers of wastematerials which may be recycled and with the producers of products which userecycled materials to maximize the state’s use of those materials and products,particularly where the added cost of using waste materials rather than virgin


materials is less than the cost avoided by not having that waste in the wastestream. Proceeds from the sale of waste materials collected by the departmentof buildings and general services shall be credited to a special fund and shallbe available to the department to offset the cost of recycling efforts. The goalfor the purchase of recycled materials shall be at least 40 percent by the end of2008. For purposes of this section, “recycled materials” include, but are notlimited to, recycled paper products, retreaded automobile tires, re-refinedlubricating oil, used automotive parts, reclaimed solvents, recycled asphalt,recycled concrete, and compost materials. By January 15 of eachodd-numbered year, the commissioner of buildings and general services shallsubmit a report to the governor and to the natural resources committees of thegeneral assembly reporting on the implementation of this subsection.


§ 22. TAX TO FINANCE DEPARTMENT OF PUBLIC SERVICE ANDPUBLIC SERVICE BOARD

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(c) The board and the department shall report to the general assembly on orbefore January 15 of each year stating their revenues and expenditures,including receipts authorized in sections 20 and 21 of this title, during theprevious fiscal year and their anticipated revenues and expenditures in thecurrent and succeeding fiscal year. The reports shall also state for the previousfiscal year the allocation of time and resources devoted to regulation of eachtype of regulated utility and the allocation of time and resources devoted to thewholesale and retail sale of electrical energy by the department. The reportshall also contain a review of the rules of the board and department, regardlessof the process for adopting such rules, at a frequency such that each rule isreviewed at least every five years for efficiency and effectiveness in carryingout the public service policies and goals of this state. Copies of the report shallbe sent to the members of the house committee on ways and means, the housecommittee on commerce, and the senate committee on finance.

(d) Of the revenue deposited into the special fund for the maintenance ofengineering and accounting forces, 40 percent shall be allocated to the publicservice board and 60 percent shall be allocated to the department of publicservice.

(e)(d)(1) On June 30 of each year any balance in the amount allocated tothe public service board from the special fund for the maintenance ofengineering and accounting forces, after accounting for expenditures andencumbrances, in excess of 20 percent of the board’s allocation for that yearshall be used in the manner provided by subdivision (3) of this subsection.


(2) On June 30 of each year any balance in the amount allocated to thedepartment of public service from the special fund for the maintenance ofengineering and accounting forces, after accounting for expenditures andencumbrances, in excess of 20 percent of the department’s allocation for thatyear shall be used in the manner provided by subdivision (3) of this subsection.

(3) The excess balances determined under subdivisions (1) and (2) ofthis subsection shall be used in the next succeeding year to directly reduce therates otherwise collected from the ratepayers of this state for the costs of thetelephone lifeline program authorized by section 218(c) of this title.

Sec. 59. 30 V.S.A. § 226a(d) is amended to read:

(d) The board shall retain jurisdiction over any contract under this sectionand shall hear and resolve any disputes or claims which may arise regarding itsapplication. During the period of any contract under this section, a companyshall continue to file with the board and the department its rates, tariffs, andtolls for any service provided including any service subject to the contract, andshall also file on a monthly basis its rate of return under the contract. No lessthan annually, the department shall report to the senate finance and housecommerce committees of the general assembly, or such subcommittees or jointcommittee thereof as may be established for this purpose, a summary andanalysis of the rates, tariffs and tolls for any service provided by a companyunder a contract, the rate of return of a company under the contract, and anyother information pertaining to the contract which the committees may request.Concurrently, the public contract advocate shall report to such committees,subcommittees or joint committees, his or her analysis of the effect of thecontract on the cost and quality of basic exchange telecommunications servicesand intrastate toll rates and modernization of telecommunications services.



§ 8059. RECORDS; ANNUAL REPORT; AUDIT

(a) The authority shall keep an accurate account of all its activities and ofall its receipts and expenditures.

(b) Each year, prior to February 1, the authority shall submit a report of itsactivities for the preceding fiscal year to the governor and to the generalassembly. The report shall set forth a complete operating and financialstatement covering its operations during the year. The authority shall cause anaudit of its books and accounts to be made at least once in each year by acertified public accountant. The cost of the audit shall be considered anexpense of the authority, and a copy of the audit shall be filed with the statetreasurer.


(d) Annually, the board shall make a report of the distribution of fundsunder subsection (c) of this section, including amount and recipient, to thesecretary of agriculture, food and markets, the governor, and the generalassembly, and that shall be available to the public.


(a) Upon requisition of an officer having authority to expend money for thepayment of expenses chargeable to the state, with the approval of the governor,the commissioner of finance and management is authorized to issue his or herwarrant on the treasurer for funds necessary for such expenses. Such advancesshall not be made until such officer files with the state treasurer a good andsufficient bond, approved by the governor and commissioner of finance andmanagement, to indemnify the state against all loss or shortage of sums soadvanced. The expense of such bond shall be paid by the state. Such officershall quarterly, and at such other times as the commissioner of finance andmanagement requires, render an account, in such form as the commissioner offinance and management prescribes, of the expenditures of moneys soadvanced and furnish vouchers therefor.


(c) Notwithstanding any other provisions of law, the state treasurer with theapproval of the secretary of administration is hereby authorized to transfer toany authorized projects unspent proceeds derived from the sale of state bondsor notes previously issued for projects heretofore authorized; and the statetreasurer is hereby further authorized to issue bonds or notes of the state toreplenish such transferred funds for application to the original authorizedcapital projects. The state treasurer shall by January 15 of each year provide


the chairs of the house and senate institutions committees with a report of allsuch transfers during the preceding fiscal year.


(c) Every agency shall, upon request of the commissioner, furnish a list oflicenses and contracts issued or renewed by such agency during the reportingperiod; provided, however, that the secretary of state shall, with respect tocertificates of authority to transact business issued to foreign corporations,furnish to the commissioner only those certificates originally issued by thesecretary of state during the reporting period and not renewals of suchcertificates. The lists should include the name, address, social security orfederal identification number of such licensee or provider, and such otherinformation as the commissioner may require.

Sec. 65. 33 V.S.A. § 143b is amended to read:

§ 143b. EDUCATION AND INFORMATION

(a) Within six months of the effective date of section 143a of this title, theoffice of Vermont health access shall issue rules establishing a procedure forhealth care providers enrolled in state- state and federally-funded federallyfunded medical assistance programs to obtain advisory opinions regardingcoverage and reimbursement under those programs. Each advisory opinionissued by the office shall be binding on the office and the party or partiesrequesting the opinion only with regard to the specific questions posed in theopinion, the facts and information set forth in it, and the statutes and rulesspecifically noted in the opinion.

(b) At least four times a year, the office of Vermont health access shall alerthealth care providers enrolled in state- and federally-funded assistanceprograms by publication distributed to such health care providers, regardingcurrent issues relating to fraud and abusive billing in such programs.


(c) The board shall advise the director of the division of child developmentand the commissioner for children and families on all functions related to childcare that are within the jurisdiction of state government. The board shallreview and evaluate the child-care-related programs and activities of thedivision of child development. On or before January 15, the board shall reportits findings and recommendations to the general assembly.



§ 4305. COORDINATED SYSTEM OF CARE

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(c) The commissioners of developmental and mental health services, socialand rehabilitation services and education shall jointly submit to the generalassembly a report on the status of programs for children and adolescents with asevere emotional disturbance and their families which shall include a system ofcare plan. The report shall be submitted together with the general appropriationbill provided for by section 701 of Title 32. The system of care plan shall

(1) identify the characteristics and number of children and adolescentswith a severe emotional disturbance in need of appropriate services, describethe educational, residential, mental health or other treatment services needed,describe currently available programs and resources, recommend a plan tomeet the needs of such children, recommend priorities for the continuation ordevelopment of programs and resources, and make an assessment of thesuccess of such programs; and

(2) provide information as available on the extent to which children andadolescents with a severe emotional disturbance have not received services, thecharacteristics and number of those children and adolescents who have notreceived services and recommendations on how to address their identifiedneeds.

(d) The secretary of human services and the commissioner of educationshall report to the general assembly by January 15, 1991 with theirrecommendations concerning the coordination and provision of adequate andappropriate services to all children with disabilities. The report shall identifythe characteristics and number of children with disabilities in need of services,describe the educational, residential, mental health, or other services needed,describe currently available programs and resources, recommend priorities forthe needs of children with disabilities, and recommend a plan to meet thecontinuation or development of programs and resources.

(e)(d) Nothing contained in this chapter shall be construed to diminish therights of children with disabilities, their parents, guardians, or surrogate parentsunder federal or state law, including but not limited to confidentiality, consentfor services and evaluation, and parental involvement.

(f)(e) Nothing contained in this chapter shall entitle children andadolescents with a severe emotional disturbance to special education servicesunless they are otherwise eligible for such services under state or federal law.


(g)(f) Except as otherwise provided in chapter 55 of this title, the receipt ofappropriate services for a child or adolescent with a severe emotionaldisturbance or the child or adolescent’s family, including an out-of-homeplacement, shall not be conditioned on placement of the child or adolescent inthe legal custody, protective supervision or protection of the department ofsocial and rehabilitation services.


(b) The director shall not be required to enter into contracts under thissection if:

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(2) the director determines that the program is not accomplishing itsgoal of protecting dual eligible individuals from improper denials of Medicarecoverage. The director shall base his or her determination under thissubdivision on information obtained from the contractors, providers of healthcare, area agencies on aging, and other individuals and organizations affectedby the program. On or before January 15 of any fiscal year in which adetermination is made under this subdivision, the director shall report his orher determination to the general assembly.

Sec. 69. Sec. 87a(A) of No. 1 of the Acts of 1999 is amended to read:

(A) To the Vermont housing and conservation board for Championland and acquisition and affordable housing $5,500,000

(i) Of this appropriation, $4,500,000 shall be used to purchaseand ensure that the lands commonly referred to as the Champion lands innortheastern Vermont are conserved as a working forest for the sustainableproduction of wood products, for natural resources, including the maintenanceof wildlife habitat and conservation of identified natural heritage sites, and forperpetual public access for traditional recreational uses. The Vermont housingand conservation board and its grantees, through easements and throughagreements with its state, federal and private partners, shall permanentlyprotect the following uses:

(I) Camp leases. On state lands renewal shall be for the life ofthe leaseholder or, in the event of the leaseholder’s death, renewal byimmediate family members for not more than 20 years. The state shall make aspecial effort to repair roads, whenever possible, on state-owned land andannually shall file a report with the general assembly and the municipalitydescribing any road maintenance performed during the year. In the event ofextreme erosion due to natural causes on a road leading to a camp, thedepartment of fish and wildlife shall fix the roads if funding is available for thepurpose. Camp owners shall be responsible for maintaining driveways to their


respective camps. Lease payments on land which is owned and managed bythe department of fish and wildlife shall be set aside for road maintenance ondepartment of fish and wildlife property. Further the Vermont housing andconservation board shall negotiate aggressively and diligently to obtain forcamp holders on private lands the same or greater protections as are providedto camp holders on state lands, and to provide for free access thereto.

* * *

Sec. 70. Sec. 114(d) of No. 62 of the Acts of 1999 is amended to read:

(d) Of the above tobacco settlement fund appropriation, $500,000.00 is tosupport the Vermont coalition of clinics for the uninsured health care anddental services provided by clinics for uninsured individuals and families. Thecoalition shall report to the general assembly on or before January 1 of eachyear with a fiscal and program accounting of expenditures made with themonies appropriated by the general assembly.

Sec. 71. Sec. 2(b) of No. 125 of the Acts of the 1999 Adj. Sess. (2000) isamended to read:

(b) The commissioners of health and of buildings and general services,education and health, with help from the secretary of the agency of naturalresources when appropriate, shall:

* * *

(7) Report annually to the house and senate committees on education onthe extent of indoor air and hazardous exposure problems in Vermont schoolsand on the percentage of Vermont schools that have established a schoolenvironmental health program or qualified for environmental healthcertification.

Sec. 72. Sec. 111(c) of No. 152 of the Acts of the 1999 Adj. Sess. (2000) isamended to read:

(c) Of the above appropriation, $200,000.00 is to support the BurlingtonHealth Clinic. The Burlington Health Clinic shall report to the generalassembly on or before January 1 of each year with a fiscal and programaccounting of expenditures made with the monies appropriated by the generalassembly.


Sec. 73. Sec. 251(a) of No. 152 of the Acts of the 1999 Adj. Sess. (2000) isamended to read:

(a) The following amounts are appropriated from the general fund to thesecretary of administration, for transfer and use by the referenced departmentsas indicated in fiscal year 2000:

* * *

(22) To the agency of natural resources for a one-time enhancement ofwatershed basin planning initiatives. The agency must prepare these basinplans in conformance with all applicable state and federal law, including butnot limited to the water quality management planning regulations at 40 C.F.R.130.6, and must report back to the legislature on its progress annually.

* * *

Sec. 74. Sec. 3(a) of No. 156 of the Acts of the 1999 Adj. Sess. (2000) isamended to read:

(a) To enable the state of Vermont to take advantage of additional federalfunds that may be made available, the secretary of transportation is authorizedto accelerate projects in the state’s transportation capital program and projectdevelopment plan. The secretary shall report quarterly to the members of thejoint transportation oversight committee and members of the House and Senatecommittees on transportation on any changes in the scheduling of the projectsin the transportation capital program or project development plan, and shalladditionally submit the report required in 19 V.S.A. § 10h, relating to costoverruns.

Sec. 75. Sec. 4 of No. 62 of the Acts of 2001 is amended to read:

Sec. 4. DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS;AFFORDABLE HOUSING; DEVELOPMENT INCENTIVES; VERMONTHOUSING BUDGET; HOUSING INVESTMENT PLAN

The commissioner of housing and community affairs shall:

(1) Compile compile a list of discretionary loans, grants and otherfunding over which the Agency of Natural Resources, the Department of Laborand Industry and the Department of Transportation, or any other state entity,has discretion or control, and for which the addition or adaptation of criteriawould create incentives for communities and developers to build moreaffordable housing. On or before November 15, 2001, the commissioner shallsubmit to the General Assembly a written report outlining recommendationsfor program or criteria changes that will provide incentives for affordablehousing development.


(2) Create a Vermont housing budget designed to assure efficientexpenditure of state funds appropriated for housing development, to encourageand enhance cooperation among housing organizations, to eliminate overlapand redundancy in housing development efforts, and to ensure appropriategeographic distribution of housing funds. The Vermont housing budget shallinclude any state funds of $50,000.00 or more awarded or appropriated forhousing. The Vermont housing budget and appropriation recommendationsshall be submitted to the General Assembly annually on or before January 15,and shall include the amounts and purposes of funds appropriated for orawarded to the following:

(A) The Vermont Housing and Conservation Trust Fund.

(B) The Agency of Human Services.

(C) The Agency of Commerce and Community Development.

(D) Any other entity that fits the funding criteria.

(3) Annually, develop a Vermont housing investment plan inconsultation with the Vermont housing council. The housing investment planshall be consistent with the Vermont consolidated plan for housing, in order tocoordinate the investment of state, federal and other resources, such as stateappropriations, tax credits, rental assistance and mortgage revenue bonds, toincrease the availability and improve the quality of Vermont’s housing stock.The housing investment plan shall be submitted to the General Assembly,annually on January 15, and shall:

(A) target investments at single-family housing, mobile homes,multifamily housing and housing for homeless persons and people with specialneeds;

(B) recommend approaches that maximize the use of available stateand federal resources;

(C) identify areas of the state that face the greatest housing shortages;and

(D) recommend strategies to improve coordination among state, localand regional offices in order to remedy identified housing shortages.

Sec. 76. Sec. 113(b) of No. 63 of the Acts of 2001 is amended to read:

(b) Of the above general fund appropriation, $300,000.00 is to support theVermont coalition of clinics for the uninsured health care and dental servicesprovided by clinics for uninsured individuals and families. The coalition shallreport to the general assembly on or before January 1 of each year with a fiscal


and program accounting of expenditures made with the monies appropriated bythe general assembly.

Sec. 77. Sec. 123c of No. 63 of the Acts of 2001 is amended to read:

Sec. 123c. FEDERALLY-QUALIFIED HEALTH CENTERS

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(e) The commissioner of health and its contractor shall report to the generalassembly on or before January 15 of each year with its progress inimplementing the provisions of this section, and with an accounting of its useof grant funds.

(f) Vermont’s Congressional Delegation is urged to take all actionsnecessary and desirable in securing designations, approvals and other actionsby the federal government required to carry out the purposes of this section.

(g)(f) The commissioner of health may exercise sole source contractingauthority to carry out the provisions of this section.

Sec. 78. Sec. 20 of No. 149 of the Acts of the 2001 Adj. Sess. (2002) isamended to read:

Sec. 20. AGENCY OF COMMERCE AND COMMUNITYDEVELOPMENT; REALLOCATION

The state historic preservation officer, with the concurrence of thecommissioner of buildings and general services, may reallocate the funds inSec. 4(a) of this act (commerce and community development) to other statehistoric sites only for major maintenance, should a more pressing need arisefollowing the session. If a reallocation occurs, the state historic preservationofficer and the commissioner of buildings and general services shall notify thehouse and senate committees on institutions that a reallocation has taken place.


Sec. 7. STRATEGIC PLAN

On or before January 15, 2005, the secretary shall prepare a strategic planwhich shall be updated biannually and presented to the general assembly andto members of the house and senate health and welfare committees. Thestrategic plan shall include desired outcomes for Vermonters, shall report onthe outcomes experienced by individuals and measured by quality indicators,shall set and clarify goals, shall describe the process for engagement of agencystaff, community partners, clients, advocacy groups, providers, advisorygroups, and other affected agencies, shall provide an ongoing assessment of theeffectiveness of the plan and shall establish and describe milestones fordevelopment of the plan.



Sec. 25. REPORT ON COLLABORATION AMONG HOSPITALS

The commissioner of banking, insurance, securities, and health careadministration shall invite Fletcher Allen Health Care and the DartmouthHitchcock Medical Center to identify fields of excellence or discrete areas ofspecialty focus for the respective health care institutions, and to makerecommendations for collaboration. The commissioner shall report to thegeneral assembly on or before December 15, 2003 and annually thereafter onthe progress of the collaboration.


(b) Of the above appropriation, $300,000.00 is to support the Vermontcoalition of clinics for the uninsured health care and dental services providedby clinics for uninsured individuals and families. The coalition shall report tothe general assembly on or before January 1 of each year, with a fiscal andprogram accounting of expenditures made with the monies appropriated by thegeneral assembly.


(b) Vermont state hospital; future planning.

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(2) The department shall provide regular reports to the joint legislativemental health oversight committee and to the chairs of the house and senatecommittees on institutions regarding the status of the work authorized in thissubsection.

Sec. 83. REPEAL

(a) The following sections in Title 2 are repealed:

(1) § 203 (report of the uniform legislation commission);

(2) § 264(g) (compilation of lobbyist disclosure reports).

(b) The following sections in Title 3 are repealed:

(1) § 161 (report by the attorney general on activities for the year);

(2) § 2476(d) (report on the status of the Connecticut River valleytourism district);

(3) § 2826 (environmental notice bulletin and permit handbook update);

(4) § 3085c(g) (report on the activities and findings of the commissionon juvenile justice).


(c) The following sections in Title 6 are repealed:

(1) § 5 (annual report by the secretary of agriculture, food and markets);

(2) § 335 (publication of information regarding commercial feeds);

(3) § 612 (publication of information regarding standards, regulations,and forms for seeds);

(4) § 925 (notice of judgments in insecticide- , fungicide-, androdenticide-related actions);

(5) § 2962(6) (report by the agricultural development commission on itsactivities for the year).

(d) 8 V.S.A. § 14 (annual report by the commissioner of banking,insurance, securities, and health care administration) is repealed.

(e) The following sections in Title 10 are repealed:

(1) § 15(c) (Vermont qualifying facility contract mitigation authority’sannual report on activities, including operating and financial statements);

(2) § 276 (report by the Vermont rehabilitation corporation on itsprogress and recommendations for improvements to the family farm assistanceprogram);

(3) § 1283(e) (report on the condition and disbursements from theenvironmental contingency fund);

(4) § 4049b(c) (report on the Green Mountain Conservation Campendowment fund’s expenditures and balance);

(5) § 4050(d) (report on the watershed management account);

(6) § 4255(f) (report on recipients of free and honorary licenses issuedby the fish and wildlife department);

(7) § 4609(d) (report on the impact of fishing license reciprocity withNew York on state revenues);

(8) § 6622a (report on the status of whether there are sufficientquantities of quality recycled newsprint at a reasonable price);

(9) § 6631 (report on efforts to encourage toxics use reduction andhazardous waste reduction);

(10) § 7065(d) (report on the Texas Low-Level Radioactive WasteDisposal Compact);

(11) § 8017 (report on enforcement actions taken through administrativeenvironmental law enforcement).


(f) 12 V.S.A. § 5601(h) (report on the adequacy of dollar limits on liabilityfor state employee actions) is repealed.

(g) The following sections in Title 16 are repealed.

(1) § 128 (report on the activities of the council on civics education);

(2) § 1049a(d) (report on participation in and the cost of the graduationeducation plan);

(3) § 2177(c) (report on the amount appropriated to the corporation andexpended for the current fiscal biennium by the Vermont state colleges);

(4) § 2281(b) (report on the amount appropriated and expended for thecurrent fiscal biennium by the University of Vermont and State AgriculturalCollege);

(5) § 2531f (report of the name of each student receiving a scholarshipfrom a state senator).

(h) 18 V.S.A. § 9507(b) (report itemizing all administrative andprogrammatic expenses of the department of social welfare, the department ofeducation, and the department of health pertaining to preventing the use oftobacco) is repealed.

(i) The following sections in Title 20 are repealed:

(1) § 45(e) (report on expenditures for disaster relief);

(2) § 487 (report of the quartermaster general concerning the dispositionof the ordnance, arms, ammunition, and other property belonging to thedepartment);

(3) § 1487 (report of the adjutant general on activities and expenditures);

(j) 24 V.S.A. § 367(e) (report by the department of state’s attorneys on itsactivities and expenditures).

(k) 26 V.S.A. § 1449 (report on the progress of the Vermont Program forQuality in Health Care, Inc.) is repealed.

(l) The following sections in Title 28 are repealed:

(1) § 104(e) (report by the commissioner of corrections onimplementing notice of community placements);

(2) § 911(d) (report by the alternatives to incarceration board on itsactivities and the programs it oversees);

(3) § 1101(7) (report on studies relating to community conditions whichaffect the problem of delinquency).


(m) The following sections in Title 32 are repealed:

(1) § 308b(c) (report by the secretary of human services and thesecretary of administration on carry-forward cases which would transfer to thehuman services caseload management reserve);

(2) § 505 (report by county clerks regarding money collected for thestate);

(3) § 543 (report from district courts on cost bills and returns);

(4) § 561 (report by probate judges on all fees paid to their offices duethe state);

(5) § 1059 (report of a list of officers, members, and employees entitledto mileage and the amount due to each);

(6) § 3463 (report by county treasurers of the grand list, the rate perdollar, and the amount of county taxes assessed in the county for the previousyear).

(n) The following sections in Title 33 are repealed:

(1) § 2001(d) (report on the implementation of a pharmacy benefitmanager contract entered into by the pharmacy best practices and cost controlprogram);

(2) § 2001(e)(1) (requirements for the fiscal report on the pharmacybenefit manager contract);

(3) § 3308 (report by the children and family council for preventionprograms on its activities for the previous year);

(4) § 3703 (report by the secretary of the agency of human services onthe status of parent-child center programs);

(5) § 6105 (report on the activities of the Vermont independence fundfor the previous year);

(6) § 6303(e) (report on findings and recommendations regarding theprovision of home health services in Vermont).

(o) The following sections of the Acts of 1997 are repealed:

(1) Sec. 3 of No. 33 (report on the status of the youthful offendersystem);

(2) Sec. 13(c) of No. 58 (report on the methodology and results ofcompliance tests for tobacco licensees);


(3) Sec. 29 of No. 63 (report on the consequences and effectiveness ofamending the child support statute to comply with the Federal Welfare Act of1996);

(p) The following sections of the Acts of the 1997 Adj. Sess. (1998) arerepealed:

(1) Sec. 58(c) of No. 66 (report on disbursements by and obligations ofthe financial management system development special fund);

(2) Sec. 5 of No. 114 (report on involuntary medication for mentalhealth patients);

(3) Sec. 3(a) and (b) of No. 117 (report on DUI enforcement andreduction programs);

(4) Sec. 32 of No. 117 (report on time limits for conducting drivers’license suspension hearings);

(5) Sec. 120(d) of No. 147 (as added by Sec. 118a of No. 62 of the Actsof 1999) (report on services provided under the job access/reverse commuteprogram).

(q) The following sections of the Acts of 1999 are repealed:

(1) Sec. 6 of No. 56 (report on statistics relating to hate crimes);

(2) Sec. 100(c) of No. 62 (report on the development andaccomplishments of state and regional partnerships).

(r) The following sections of the Acts of the 1999 Adj. Sess. (2000) arerepealed:

(1) Sec. 97(c) of No. 152 (report on the development andaccomplishments of the state team for children, families and individuals andregional and community partnerships);

(2) Sec. 111b(b) of No. 152 (evaluation of family partnership programs).

(s) The following sections of the Acts of 2001 are repealed:

(1) Sec. 28(b) of No. 61 (report by the commissioners of environmentalconservation and of corrections on grants and gifts accepted from the federalgovernment);

(2) Sec. 272(c) of No. 63 (report from the commissioner of personnel onthe status of limited service positions).

(t) Sec. 22(b) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (reportby the commissioners of environmental conservation, of corrections, of health,


and of buildings and general services, and the chancellor of the Vermont StateColleges on grants and gifts accepted from the federal government) is repealed.

(u) The following sections of the Acts of 2003 are repealed:

(1) Sec. 22(b) of No. 63 (report by the commissioners of environmentalconservation, of corrections, and of health on grants and gifts accepted fromthe federal government);

(2) Sec. 149a of No. 66 (report on the status and demands on theweatherization fund).

(v) The following sections of the Acts of the 2003 Adj. Sess. (2004) arerepealed:

(1) Sec. 22(b) of No. 121 (report by the commissioners of environmentalconservation, of corrections, and of buildings and general services on grantsand gifts accepted from the federal government and other sources);

(2) Sec. 12(a) of No. 122 (report by the department of personnel onposition reclassifications throughout state government).

(w) The following sections of the Acts of 2005 are repealed:

(1) Sec. 24(b) of No. 43 (report by the commissioners of environmentalconservation, of corrections, and of buildings and general services on grantsand gifts accepted from the federal government and other sources);

(2) Sec. 12 of No. 79 (report by the secretary of the agency of humanservices on reports received by adult protective services and by the attorneygeneral on issues arising from an amendment to 13 V.S.A. § 1375(8)(C));

(3) Sec. 48(c) of No. 80 (report by the agency of transportation on thestatus of all Connecticut River bridge projects).

(x) Sec. 22(b) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (reportby the commissioners of environmental conservation, of corrections, and ofbuildings and general services on grants and gifts accepted from the federalgovernment and other sources) is repealed.

(y) The following sections of the Acts of 2007 are repealed:

(1) Sec. 110g(c) of No. 65 (report by the health access oversightcommittee on recommendations to changes in reimbursement contained in thedeficit reduction act); and

(2) Sec. 131(b) of No. 65 (report on the weatherization datamanagement system).

And that when so amended the bill ought to pass.


Thereupon, the bill was read the second time by title only pursuant toRule 43, and pending the question, Shall the bill be amended as recommendedby the Committee on Government Operations?, Senator White moved toamend the recommendation of the Committee on Government Operations asfollows:

First: By striking out Sec. 5 in its entirety.

Second: In Sec. 83(e), after subdivision (3), by inserting new subdivisions(4) and (5) to read as follows:

(4) § 1978(e)(3) (report on potable water supplies and wastewatersystems);

(5) § 1978(e)(4) (due date for report on potable water supplies andwastewater systems);

and by renumbering the remaining subdivisions to be numerically correct

Third: In Sec. 83(i), by adding a new subdivision (4) to read as follows:

(4) § 1872a (reference to reports on the radiological emergency responseplan fund and DUI enforcement).

Fourth: In Sec. 83(m), by inserting a new subdivision (1) to read asfollows:

(1) § 110(a)(5) (reference to report on the transfer of unspent bondproceeds);

And by renumbering the remaining subdivisions to be numerically correct.


Thereupon, the recommendation of amendment of the Committee onGovernment Operations, as amended?, was agreed to and third reading of thebill was ordered.

Recess

On motion of Senator Mazza the Senate recessed until one o'clock in theafternoon.

Called to Order

At one o'clock in the afternoon the Senate was called to order by thePresident pro tempore.

Rules Suspended; Bills Committed

S. 115.


Pending entry on the Calendar for notice, on motion of Senator Mazza, therules were suspended and Senate bill entitled:

An act relating to civil marriage.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee onJudiciary, Senator Mazza moved that Senate Rule 49 be suspended in order tocommit the bill to the Committee on Finance with the report of the Committeeon Judiciary intact,


S. 51.

Pending entry on the Calendar for notice, on motion of Senator Scott, therules were suspended and Senate bill entitled:

An act relating to Vermont’s motor vehicle franchise laws.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee onTransportation, Senator Scott moved that Senate Rule 49 be suspended in orderto commit the bill to the Committee on Economic Development, Housing andGeneral Affairs with the report of the Committee on Transportation intact,


Committee of Conference Appointed

H. 232.

An act relating to fiscal year 2009 budget adjustment.

Was taken up. Pursuant to the request of the House, the President protempore announced the appointment of

Senator BartlettSenator KitchelSenator Snelling


as members of the Committee of Conference on the part of the Senate toconsider the disagreeing votes of the two Houses.



Mr. President:


The House has passed House bills of the following titles:

H. 83. An act relating to underground storage tanks and the petroleumcleanup fund.

H. 135. An act relating to wireless communication facilities and projectapprovals for municipal and cooperative utilities.

H. 145. An act relating to composting.

In the passage of which the concurrence of the Senate is requested.

Adjournment

On motion of Senator Mazza, the Senate adjourned, to reconvene onMonday, March 23, 2009, at three o'clock in the afternoon pursuant toJ.R.S. 23.

journal of the senate - legislature.vermont.gov · an act relating to plans for treatment of...

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